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<br /> <br />80CIV3l5 <br /> <br />RECEIVED <br />FED 1 3 HIm <br />~IRfsoulQS <br />31m"':. :"::~'EIl <br /> <br />B. The amount of water claimed is: 15.0 cubic feet of water <br />per second of time during the Summer months and B.O cubic feet of <br />water per second of time during the Winter months. <br /> <br />9. The water was first applied to the above beneficial use <br />on May 7, 1980, by action of the Colorado Water Conservation Board <br />under the provisions of C.R.S. 1973, 37-92-l02(3)~ 37-92-103(3), (4) <br />and (10). <br /> <br />10. This appropriation is made under the provisions of C.R.S. <br />1973, 37-92-102(3), 37-92-103(3), (4) and (10), known as Senate Bill 97, <br />signed into Law April 23, 1973. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 15.0 cubic feet of water per <br /> <br />second of time from aay 1 through Setpember 30, and 8.0 cubic feet of <br /> <br />water per second of time from October 1 th!:'ough April 30, are hereby <br /> <br />awarded for the purpose of maintaining a minimum stream flow as <br /> <br />required to preserve the natural environment to a reasonable degree <br /> <br />on Elk Creek between the beginning and end points as described in <br /> <br />paragraph 5 above, with appropriation date of the 7th day of May, 1980, <br /> <br />absolutely and unconditionallYi subject, however, to all earlier <br /> <br /> <br />priority rights of others and to the integ~ation and tabulation by <br /> <br />the Division Engineer of such priorities and changes of rights in <br /> <br />accordance with law, and provided further that the applicant herein <br /> <br />will construct and maintain at its expense a suitable measuring devi~e <br /> <br />or guaging station as approved by the State Engineer or his <br /> <br /> <br />representative for the pupose of administe~ing this water right in <br /> <br />priority as required by law. <br /> <br />It is accordingly ORDERED that this ruling shall be filed with <br /> <br />the Water Clerk and shall become effective upon such filing, subject <br /> <br /> <br />to Judicial review pursuant to Section 37-92-304 C.R.S. 1973. <br /> <br />It is further ORDERED that a copy of this ru+ipg shall be filed <br /> <br />with the appropriate Division Engineer and the State Engineer. <br />Done at the City of Glenwood Springs, Colorado, this <br />~ day of beC:I!!!/WAiF.II' , 1980. <br /> <br />I; ". {; ~ ,,~ : 1 ; '", :'. . r"'" i . <br /> <br />"":1 or,ll r" r,-,c,:.'.' i' <br /> <br />BY THE IlEFEREE: <br /> <br />~~/<- <br /> <br />e Referee <br />Water Division No. 5 <br />,State of Colorado <br /> <br />....(' "::i<r-:! i,i,-,,:,:",i:.. <br /> <br />(_-<(4~i)- <br /> <br />-2- <br />